West Pakistan Muslim Personal Law
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Transcript of West Pakistan Muslim Personal Law
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THE WEST PAKISTAN MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT,
1962 1. Short title and extend.2. Application of the Muslim Personal Law.2-A. Succession prior to Act IX of 1948.
3. Termination of limited estates under Customary Law.4. Further operation of certain wills shall cease on the death of legatee-in-enjoyment.5. Devolution of property on the termination of life estate and certain wills.6. Sections 3, 4 and 5 only to be retrospective.
7. Repeal and savings. THE WEST PAKISTAN MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT,
1962
[WEST PAKISTAN ACT V OF 1962] [31st December, 1962]
An Act to consolidate and amend the provisions for application of Muslim Personal
Law (Shariat) in the Province of West Pakistan
Preamble. -Whereas it is expedient to consolidate and amend the provisions for the
application of Muslim Personal Law (Shariat) in the Province of West Pakistan; It is herebyenacted as follows: -
1. Short title and extend. -(I) This Act may be called the Wet Pakistan Muslim PersonalLaw (Shariat) Application Act, 1962.
(2) It extend to the whole of [Pakistan].
2. Application of the Muslim Personal Law. -Notwithstanding any custom or usage, in
all questions regarding succession (whether testate or intestate), special property of
females, betrothal, marriage, divorce, dower adoption, guardianship, minority, legitimacy or
bastardy, family relations, wills, legacies, gifts, religious usages or institutions, includingwaqfs, trusts and trust properties, the rule of decision, subject to the provision of any
enactment for the time being in force, shall be the Muslim Personal Law (Shariat) in caseswhere the parties are Muslims.[Punjab Amendment]: 2-A. Succession prior to Act IX of 1948. -Notwithstanding anything to the contrarycontained in section 2 or any other law for the time being in force, or any custom or usageor decree, judgment or order of any Court, where before the commencement of the Punjab
Muslim Personal Law (Shariat) Application Act, 1948, a male heir had acquired anyagricultural land under custom from the person who at the time of such acquisition was a
Muslim-
(a) he shall be deemed to have become, upon such acquisition, an absolute owner of suchland, as if such land had devolved on him under the Muslim Personal Law (Shariat) ;(b) any decree, judgment or order of any Court affirming the right of any reversions under
custom or usage, to call in question such an alienation or directing delivery or possession of agricultural land on such basis shall be void, inexecutable and of no legal effect to the
extent it is contrary to the Muslim, Personal Law (Shariat) Act ;
(c) all suits or other proceedings of such a nature pending in any. Court and all executionproceedings seeking possession of land under such decree shall abate forthwith; Provided
that nothing herein contained shall be applicable to transactions past and closed where
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possession of such land has already been delivered under such decrees.]
3. Termination of limited estates under Customary Law. -The limited estates inrespect of immovable property held by Muslim females under the Customary Law are
hereby terminated: Provided that nothing herein contained shall apply to any such estatesave by any enactment,. repealed by this Act, and the estates so excepted shall continue to
be governed by that enactment, notwithstanding its repeal by this Act].
4. Further operation of certain wills shall cease on the death of legatee-in-enjoyment. - Where a will providing for more than one legatee succeeding to the testator's
property one after the other is operative at the commencement of this Act, its further
operation shall cease upon the death of the legatee-in-enjoyment.
5. Devolution of property on the termination of life estate and certain wills. -The
life estate terminated under section 3 or the property in respect of which the furtheroperation of a will has ceased under section 4 shall devolve upon such persons as wouldhave been entitled to succeed under the Muslim Personal Law (Shariat) upon the death of
the last full owner or the testator although he had died intestate ; and if any such heir has
died in the meantime, his share shall devolve in accordance with Shariat on such persons as
would have succeeded him, if he had died immediately after the termination of the lifeestate or the death of the said legatee:
Provided that the share to which a Muslim female holding limited estate under CustomaryLaw would have been entitled under the Muslim Personal Law (Shariat) upon the death of the last full owner shall devolve on her.
6. Sections 3, 4 and 5 only to be retrospective. - Save as expressly provided by theprovisions of sections 3, 4 and 5, this Act shall have no retrospective operation,
7. Repeal and savings.- (1) The following enactments are hereby repealed:-(a) The Punjab Limitation (Custom) Act, 1920;(b) The Punjab Custom (Power to Contest) Act, 1920 ;
(c) The Muslim Personal Law (Shariat) Application Act, 1937, in its application to WestPakistan ;(d) The North-West Frontier Province Muslim Personal Law (Shariat) Application Act, 1935 ;(e) The Punjab Muslim Personal Law (Shariat) Application Act, 1948 ;
(f) The Muslim Personal Law (Shariat) Application (Sindh Amendment) Act, 1950 ;(g) The Bahawalpur State Shariat (Muslim Personal Law) Application Act, 1951 ;(h) The Khaipur State Muslim Female Inheritance (Removal of Customs) Act, 1952 ;